Washington Administrative Code

The purpose of this chapter shall be to ensure compliance by the Washington state sentencing guidelines commission with the provisions of the Public Records Act, chapter 42.56 RCW, in conjunction with the Criminal Records Privacy Act, chapter 10.97 RCW, as well as chapter 9.94A R…

All public records are available for inspection and copying at the commission office during normal business hours (8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 5:00 p.m.). However, if these activities would interfere with essential agency functions, the agency reserves the right to req…

The commission shall designate a public records officer, located in the commission office, who shall be responsible for implementing the commission's rules regarding disclosure of public records, coordinating staff in this regard, and generally ensuring compliance by the staff wi…

According to chapter 42.56 RCW, members of the public may inspect, copy, or get copies of public records if they comply with the following procedures:(1) Make a request in writing which includes:(a) The name of the person requesting the record;(b) The time of day and calendar dat…

(1) No fee shall be charged for the inspection of public records.(2) The commission shall collect fees, plus postage, to reimburse itself for actual costs incident to providing copies of public records.(a) Copies produced on copying and duplicating equipment are fifteen cents per…

Public records shall be disclosed only in the presence of a public records officer or his or her designee, who shall withdraw the records if the person requesting disclosure acts in a manner which will damage or substantially disorganize the records or interfere excessively with …

(1) The public records officer shall acknowledge receipt of request within five business days. The public records officer or designee will do one or more of the following:(a) Make the records available for inspection or copying;(b) If copies are requested and payment of a deposit…

(1) If the person requesting disclosure disagrees with the decision of a public records officer denying disclosure of a public record, this person may within twenty days petition the commission's public records officer for review of the decision denying disclosure. The form used …

The commission reserves the right to determine if a public record requested in accordance with the procedures outlined herein is exempt or nondisclosable under RCW 42.56.040 through 42.56.550. Nondisclosable records include, but are not limited to:(1) All exemptions as set forth …

(1) Unless prohibited by law, information may be disclosed by the commission to outside agencies, including other state of Washington agencies, or other state agencies.(2) Outside agencies receiving information pursuant to subsection (1) of this section shall be thereby subject t…

community custody rangesOffense TypeCommunity Custody RangeSex Offenses (Not sentenced under RCW 9.94A.120(8))36 to 48 monthsSerious Violent Offenses24 to 48 monthsViolent Offenses18 to 36 monthsCrimes Against Persons (As defined in RCW 9.94A.440(2))9 to 18 monthsOffenses under c…

(1) "Agency" means the Washington state patrol.(2) "Board" wherever used in these rules shall mean the trial board constituted as provided in RCW 43.43.070.(3) "Chief" wherever used in these rules shall mean the chief of the Washington state patrol.(4) "Hearing officer" wherever …

A request for a trial board shall be made in writing by the commissioned officer complained of, or the officer's attorney, and must be received by the Washington state patrol headquarters within twenty days of the date the officer was served with the notice of discipline.[Statuto…

No person may appear in a representative capacity before a hearing officer or board other than attorneys duly qualified and entitled to practice in the state of Washington.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-010, filed 1…

All persons appearing in proceedings before a hearing officer or board in a representative capacity must conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to such standards, the hearing officer o…

No former employee of the agency shall, at any time after severing his or her employment with the state of Washington appear, except with the written permission of the agency, as an expert witness on behalf of other parties in a formal proceeding wherein the former employee previ…

In computing any period of time prescribed or allowed by this chapter or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless i…

In any contested case, all parties shall be served with a notice of trial board hearing within ten calendar days before the date set for hearing. The notice shall state the time, place, and issues involved.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WS…

All hearings shall be recorded by stenographer or court reporter.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-085, filed 1/7/14, effective 2/7/14.]

(1) All notices, pleadings, and other papers filed with the hearing officer shall be served upon all counsel and representatives of record and upon unrepresented parties or upon their agents designated by them or by law.(2) Service shall be made personally or, unless otherwise pr…

Papers required to be filed with the agency shall be deemed filed upon actual receipt during office hours at the Washington state patrol headquarters.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-140, filed 1/7/14, effective 2/7/1…

(1) Every subpoena shall state the name of the agency and the title of the proceeding and shall command the person to whom it is directed to attend and give testimony, or produce designated books, documents or things under his or her control at a hearing.(2) Subpoenas may be sign…

Witnesses summoned before the board shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the superior courts of the state of Washington: EXCEPT, if the witness works for the agency and is on duty at the time he or she ap…

(1) A party to the appeal or the person to whom the subpoena, or subpoena duces tecum, is directed may make a motion to quash. The motion must be made promptly and in any event at least five days before the time specified in the subpoena for compliance therewith.(2) The hearing o…

Upon application and for good cause shown the agency will seek judicial enforcement of subpoenas issued to parties and which have not been quashed. Enforcement of a subpoena shall be according to RCW 34.05.446 and 34.05.588(1).[Statutory Authority: RCW 304-05-020 [34.05.020] and …

Such attendance of witnesses and such production of evidence may be required from any place in the state of Washington, at any designated place of hearing.[Order II, § 446-08-220, filed 11/22/74.]

There shall be no discovery allowed in the proceedings under this chapter. The record for hearing shall include:(1) The entire office of professional standards investigation file for the conduct at issue before the board, the entire personnel record for the accused employee, incl…

The hearing officer or board, upon request made before or during a hearing, may take official notice of facts pursuant to RCW 34.05.452(5).[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-370, filed 1/7/14, effective 2/7/14; Order II…

Nothing herein shall be construed to preclude the hearing officer or board from utilizing their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. …

The employer bears the burden of proof in any disciplinary matter. Said proof shall be by a preponderance of the evidence.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-405, filed 1/7/14, effective 2/7/14.]

Every decision of the trial board shall contain only the following elements:(1) Be correctly captioned as to name of agency and name of proceeding;(2) Designate all parties and counsel participating in the proceeding;(3) Include a concise statement of the nature and background of…

Every final decision issued by the chief of the Washington state patrol shall:(1) Name of the agency and name of proceeding;(2) List all parties and counsel participating in the proceeding;(3) Include a concise statement of the nature and background of the proceeding;(4) Contain …

In all proceedings the issues to be adjudicated must be made initially as precise as possible, in order that the hearing officer or board may proceed promptly to conduct the hearing on relevant and material matter only.[Statutory Authority: RCW 304-05-020 [34.05.020] and chapter …

(1) The hearing officer may direct the parties or their counsel to engage in a prehearing conference(s) to consider the following:(a) The simplification of issues;(b) The necessity of amendments to the pleading;(c) The possibility of obtaining stipulations, admissions of facts an…

(1) The hearing officer shall make an order or statement which recites the action taken at the conference, including agreements made by the parties as to any of the matters considered, including the settlement or simplification of issues, and which limits the issues for hearing t…

Where practicable, the hearing officer or board may require:(1) That all documentary evidence which is to be offered during the taking of evidence be submitted to the hearing officer or board and to the other parties to the proceeding sufficiently in advance of such taking of evi…

The hearing officer may require that the parties submit to the hearing officer or board and to the other parties written statements containing: The names, addresses and qualifications of their respective opinion or expert witnesses: Any reports of the experts; and the nature of t…

The hearing officer or board, in its discretion but consistent with the rights of the parties, shall cause the parties to make available for inspection in advance of the hearing, and for purposes of cross-examination at the hearing, the data underlying statements and exhibits sub…

Whenever the manner of introduction of opinion or expert testimony is governed by requirements fixed under the provisions of WAC 446-08-470 or 446-08-490, such testimony not submitted in accordance with the relevant requirements shall not be received in evidence in the absence of…

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his or her knowledge, notify the hearing officer and board of said desire, stating in detail the reasons why such continua…

(1) Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the hearing officer or board, is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their business, or is the best evide…

The hearing officer or board may, in its discretion, either with or without object, exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such eviden…

(1) Every person called as a witness in a hearing shall swear or affirm that the testimony he or she is about to give in the hearing shall be the truth according to the provisions of RCW 5.28.020 through 5.28.060.(2) The hearing examiner or court reporter may administer the oath …

The hearing officer shall have the authority to:(1) Rule on evidentiary matters during the course of the hearing;(2) Take official notice of facts pursuant to RCW 34.05.452(5);(3) Regulate the course of the hearing and take any appropriate action necessary to maintain order durin…

The board may:(1) Question witnesses called by the parties to develop any facts deemed necessary to fairly and adequately decide the matter; and(2) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject …

If the appellant believes they have been erroneously denied a firearms transfer due to a determination made by the Washington state patrol firearms background division, they have the right to appeal that determination, within three years of the submission of the original backgrou…

WAC 446-09-020The Washington state patrol shall establish a fee for firearms background checks sufficient to recover the costs of administering the program. The current fee will be published on the Washington state patrol's public website.[Statutory Authority: RCW 43.43.020 and 4…